Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Eastern District of California. D.C. No. 2:11-cv-01463-LKK. Lawrence K. Karlton, District Judge, Presiding.
MICHAEL MCCANN, Petitioner - Appellant, Pro se, Represa, CA.
For RICK HILL, Warden, Warden of FSP, Respondent - Appellee: Pamela B. Hooley, Deputy Attorney General, AGCA - OFFICE OF THE CALIFORNIA ATTORNEY GENERAL (SAC), Sacramento, CA.
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Michael McCann appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2254 habeas petition challenging a prison disciplinary violation for over-familiarity towards staff. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
The district court concluded that McCann's claims were unexhausted, or alternatively, procedurally barred. We decline to review the district court's procedural ruling and instead affirm the denial of habeas relief because McCann's claim fails on the merits. See White v. Klitzkie, 281 F.3d 920, 922 (9th Cir. 2002) (this court can affirm on any ground supported by the record even if the issue is not included in the certificate of appealability). The record reflects that McCann received all process that was due and that some evidence supports the disciplinary findings. See Superintendent v. Hill, 472 U.S. 445, 455, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985) (some evidence must support decision that results in revocation of good time credits); Wolff v. McDonnell, 418 U.S. 539, 563-70, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (setting forth procedural due process requirements in prison disciplinary proceedings).
AFFIRMED.